Connolly v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the ■Supreme Court in the second judicial department,, entered August 4, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the ■Supreme Court in the second judicial department,, entered August 4, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The ■counsel for the plaintiff insisted upon introducing improper testimony in this case and repeatedly referred to it in his summing up to the jury. This improper testimony influenced the jury and the judgment should be reversed. (Cosselmon v, Dunfee, 172 N. Y. 507;…
1Opinion of the CourtCullen, J.
The action was brought by the plaintiff, a passenger on the defendant’s road, to recover damages for personal injuries. Her claim on the trial was that while alighting the car started and she was thrown down. The defendant’s contention was that the plaintiff alighted from the car in safety and subsequently fell while walking to the sidewalk. On the cross-examination of the defendant’s claim agent, a witness on its behalf, it appeared that the plaintiff’s son-in law had written a letter to the defendant’s president about the accident which the plaintiff had suffered, which letter was referred…
2Cases cited1 opinion
- Austin v. . BartlettNew York Court of Appeals · 1904
3Cited by4 opinions
- People v. . WolfNew York Court of Appeals · 1906
- Pearce v. . StaceNew York Court of Appeals · 1913
- Carp v. WilsonAppellate Division of the Supreme Court of the State of New York · 1939
- People v. WolfAppellate Division of the Supreme Court of the State of New York · 1905